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Oral arguments in the suit challenging the Federal Communications Commission's order on Telephone Consumer Protection Act prohibitions on autodialed calls to account holders – of which NAFCU is a part – are slated Oct. 19.

NAFCU filed its motion to intervene in the suit last September and joined the petition filed by the U.S. Chamber of Commerce seeking a review of the FCC order. The FCC order allows a narrow exemption for certain autodialed calls to address potential account fraud or identity theft. However, NAFCU is asserting the order is too broad in its definition of what qualifies as an autodialer.

The association is concerned that the order could lead credit unions to cease important communications with members about their accounts over fear of inadvertently violating the rule. It is participating in this litigation against the FCC to help protect credit unions' right to communicate with their members and preserve the institutions' unfettered ability to alert members when necessary to protect their accounts and information.

In February, NAFCU and other intervenor-petitioners filed a reply brief responding to an FCC brief filed in January that asked the U.S. Court of Appeals for the District of Columbia Circuit to deny claims by NAFCU and others that FCC's interpretation of the TCPA defines autodialer too broadly.

NAFCU has repeatedly asked the FCC to revisit its definition of an autodialer for the sake of credit unions and their members.